The Supreme Court on Friday conditionally reinstated thousands of sacked government employees from grade 1-7 – who were left jobless under Sacked Employees (Reinstatement) Ordinance Act, 2010 – while exercising the Article 184/3 (suo motu notice) and 187 of the Constitution, Aaj News reported.

A five-member larger bench, headed by Justice Umar Ata Bandial, was hearing the review petitions against the reinstatement of sacked government employees.

“The Sacked Employees (Reinstatement) Ordinance Act, 2010 is against Articles 4, 9, 18, and 25 of the Constitution and the court declares it null and void under Article 8 of the Constitution,” according to the eight-page written order read by Justice Bandial.

The apex court rejected the review petitions by a majority of 4-1 and ordered conditional reinstatement of such employees. The order would not be applicable to the employees who were sacked because of corruption or misconduct or short attendance, it read.

“Employed from 1993-1996, the workers will conditionally be reinstated by exercising the Article 184/3 (suo motu notice) and 187 of the Constitution. Employees from grade 1-7 are reinstated. Those employees who had appeared for the departmental test during 1996 and 1999 would not have to appear again,” the court order read. The apex court accepted the government’s recommendations.

It added that reinstatement and promotions of the employees would be based on the rules and regulations of the institutions.

The dissenting note of Justice Manzoor Ali Shah was also made part of the order. “Parliament is supreme in the parliamentary form of government. The review petitions against declaring the act null and void should be approved. The sacked employees should be given all perks.”

During Wednesday’s hearing of the case, Attorney General Khalid Javed Khan had presented the “suggestions” to the top court for reinstating sacked employees after consulting the prime minister, Samaa reported

“Under the formula: Employees from grade 1 to grade 7 would be reinstated without any preconditions. Employees from grade 8 to grade 17 will have to take a test conducted by the Federal Public Service Commission. The test will be held within three months and meanwhile, they would be considered ad hoc or temporary employees. The government would not take back the money given to the employees in salaries and perks,” according to the suggestions.

The attorney general informed that the SC’s decision to annul the sacked employees act had left 5,947 employees from 38 federal institutions jobless.